Jennifer Monroe, at age 11, was hit by a truck in a busy intersection crosswalk as she rode her bike home from school.  As a result of the accident, she spent two weeks in a coma and suffered permanent injuries.  The intersection where the accident occurred was one block from the school.  There were marked crosswalks and traffic lights, including a walk/don’t walk pedestrian light and left turn arrow.

After she turned 18, Monroe sued BASIS School, claiming BASIS had been negligent for failing to post a crossing guard at the intersection.  BASIS argued that it had no duty to do so.  The trial court agreed and granted BASIS summary judgment.  In this recent opinion, the Court of Appeals affirmed.

The Court recognized that schools have “both a statutory and common law duty not to subject students within their charge to a[n]…unreasonable risk of harm through acts, omissions, or school policy.”  But they noted that the scope of this duty is not limitless, and held that a school has no affirmative, common law duty to provide crossing guards.  If a school voluntarily undertakes to provide protection at a street crossing, then a duty of care is imposed on that conduct.

Written 2/12/14

Approved by MDC 03/04/14

Category:  Negligence, Personal Injury,

Key Words:  crosswalk injury, personal injury, negligence, school’s duty of care

Description:  In negligence action where a girl was hit while in crosswalk, the Court held that a school has no affirmative, common law duty to provide crossing guards.

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